Apumped-up David Boies said last night that it’s a “dead certainty” that the U.S. Supreme Court will take up the issue of same-sex marriage if a federal appeals court sustains the trial court’s landmark decision Wednesday overturning California’s Proposition 8.

In an hourlong appearance before a capacity crowd of 300 at San Francisco’s Commonwealth Club, Boies — who led the plaintiffs’ legal team alongside Ted Olsen — declined to handicap the case’s chances before the conservative High Court. But he said his legal team was “not taking any justice for granted and not giving up” on any of the nine justices.

Boies predicted the often liberal 9th U.S. Circuit Court of Appeals would rule on the case later this year and the Supreme Court would follow in 2011.

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